Service Terms & Conditions
SERVICE TERMS AND CONDITIONS
Effective Date: February 16, 2016
THESE TERMS OF SERVICE (“AGREEMENT”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “CUSTOMER”) AND HEAVEN’S MAID, LLC d/b/a HEAVEN’S MAID (“WE” OR “HEAVEN’S MAID”), THE OWNER AND OPERATOR OF THE WWW.HEAVENSMAID.COM WEBSITE (THE “SITE”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE, AND YOUR PURCHASE OF A SUBSCRIPTION AND PRODUCTS AND SERVICES SOLD ON THIS SITE. BY ACCESSING AND USING THE SITE, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH, THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SITE OR PURCHASE PRODUCTS AND SERVICES FROM, OR SUBSCRIPTIONS TO, THE SITE.
By signing up for a Subscription (as defined below), you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old, that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to enter into this Agreement. If you are a parent or legal guardian who is registering for a child, you hereby agree to bind your child to this Agreement and to fully indemnify, release and hold harmless Heaven’s Maid if your child breaches or disaffirms any term or condition of this Agreement.
PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDE A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER.
1. CHANGES TO SITE; PERSONAL INFORMATION/PRIVACY.
1.1 Changes to the Site. Heaven’s Maid may add to, change or remove any part of the Site, including, without limitation, any Content (as defined below) therein, at any time without prior notice to you.
1.2 Personal Information. Customers agree to provide accurate, current, and complete information as required for the purchase of the Products, Services and Subscription (as each are defined below in Section 3.1). Heaven’s Maid reserves the right to block further sales to Customers who provide false, inaccurate or incomplete data. Customer acknowledges that Heaven’s Maid uses a third party payment processing service to process orders and bill fees to your credit card.
2. PASSWORDS; USE OF SITE.
2.2. Use of Site; Prohibitions. Subject to your compliance with this Agreement, Heaven’s Maid hereby grants you a limited, personal, revocable, non-transferable, non-sub-licensable, and non-exclusive license to access the Site and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed on the Site (collectively, the “Content”), solely for your personal, non-commercial use. You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Agreement, your authorization to use the Site and Content automatically terminates without notice to you.
You hereby represent and warrant that you will not, and will not induce any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Site or Content or otherwise attempt to gain unauthorized access to any portion of the Site or Content or any other systems or networks connected to the Site, or to any server of Heaven’s Maid or its third party service providers, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site or with any other person’s use of the Site; (d) track or seek to trace any information on any other person who visits the Site; (e) use the Site or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; (f) harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party (including but not limited to rights of publicity or other proprietary rights); or (g) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Site or Content.
We reserve the right, in our sole discretion, to terminate any customer account, remove User Generated Content (as defined below), assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to User Generated Content or use of the Site, that we reasonably believe is or might be in violation of this Agreement, but failure or delay in taking such actions does not constitute a waiver of its rights to enforce this Agreement.
3. TERMS OF SALE.
3.1 Sales of Products and Subscriptions to End Users Only. From the Site, Heaven’s Maid sells (a) products, including without limitation, flower arrangements and grave blankets (collectively, including any future products offered on the Site, the “Product(s)”) and (b) cemetery care services, such as stone and plot care and washing (collectively, including any future services offered on the Site, the “Service(s)”) to end-user customers who purchase yearly Subscriptions to receive the Products and Services (“Subscription(s)”) only for their own personal, non-commercial use. You may not purchase Products or Subscriptions for further distribution or resale or for any other commercial or business purpose. The Subscription and all rights and privileges conferred are personal and non-transferable.
3.2 Pricing. Pricing for Products, Services and Subscriptions can be found on Heaven’s Maid’s then-current pricing page located on the Site. The price that we will charge you for the Products, Services and Subscriptions will be the price as posted on the Site on the date of purchase. Heaven’s Maid reserves the right to change prices for Products, Services and Subscriptions at any time, and does not provide price protection or refunds in the event of promotions or price decreases.
3.3 Refund/Cancellation Policy. If you are dissatisfied with a Product or Service for any reason, Heaven’s Maid will refund the amount paid for such Product or Service. Refund requests must be made directly to Heaven’s Maid at email@example.com. All refund requests must be made within thirty (30) days of the date of delivery by Heaven’s Maid. Promptly following Heaven’s Maid’s receipt of your request (typically within five (5) business days), Heaven’s Maid will credit the amount paid for such Product or Service (less any shipping and handling costs/fees related to the original purchase, which are non-refundable) to the credit card you used to make the original purchase. Notwithstanding the foregoing, Heaven’s Maid does not control when a specific credit card company processes a chargeback transaction. You are responsible for contacting your credit card company if you have questions about the status of the chargeback.
Heaven’s Maid will not provide a refund for a request that is received by Heaven’s Maid more than thirty (30) days after the date of delivery. Heaven’s Maid also does not provide a refund for Products that are damaged or Services that are made ineffective due to misuse, lack of care, mishandling, accident, abuse or other abnormal use by you or third-parties, or due to weather conditions.
3.4. Payment Methods; Automatic Monthly Subscription Renewals and Subscription Cancellation Policy. Heaven’s Maid accepts credit card payments only. You agree to pay all fees charged to your account based on Heaven’s Maid’s fees, charges, and billing terms in effect as shown on the payment page at the time of purchase. You are also responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase of Products, Services or Subscriptions based on the address that you provide as the shipping address when you register for a Subscription, and you authorize Heaven’s Maid or the third party payment processing service provider that we engage to charge your credit card for any such taxes and fees. All payments shall be made by credit card in advance prior to shipping the Products or providing the Services. If you do not pay on time or if your credit card cannot be charged for any reason, Heaven’s Maid reserves the right to either suspend or terminate your account and Subscription and terminate these Terms of Service. All sales and payments will be in US Dollars.
Heaven’s Maid and Heaven’s Maid’s third party payment service provider may receive updated credit card information from your credit card issuer. The disbursement of the updated credit card information is provided to Heaven’s Maid and Heaven’s Maid’s third party payment service provider at the election of your credit card issuer. Neither Heaven’s Maid nor Heaven’s Maid’s third party payment service provider are responsible for the distribution of your credit card information. It is at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card issuer with regards to your right to opt out of the update service.
3.5 IMPORTANT NOTICE: AUTOMATIC YEARLY SUBSCRIPTION RENEWAL FEES WILL BE AUTOMATICALLY CHARGED TO YOUR CARD ON FILE EACH YEAR. Heaven’s Maid will automatically renew your Subscription on each anniversary date of the Subscription and, as authorized by you by checking the box demonstrating your consent for automatic yearly renewal of your Subscription during the sign-up process, we will charge your credit card with the applicable Subscription fee and any shipping and handling costs and sales or similar taxes that may be imposed on your Subscription fee payments. Each Subscription renewal period is for one year.
3.6 SUBSCRIPTION CANCELLATION. You may cancel your Subscription at any time by logging on to your account within the Site and following instructions for cancellation. All cancellation requests must be received prior to the next anniversary date of the Subscription. Cancellation requests received after the next anniversary date shall take effect the following year. Heaven’s Maid requires a reasonable amount of time to process your Subscription cancellation request. If you cancel your Subscription, you will enjoy your Subscription benefits until the end of the then-current Subscription term, and your Subscription benefits will expire at the end of the then-current Subscription term for which you have paid. You will not be eligible for a prorated refund of any portion of the Subscription fees paid for any unused days of the then-current Subscription term.
3.7 Delivery and Product Acceptance. Delivery dates are estimates only. All shipments are sent via carrier. The risk of loss and title for all Products purchased via the Site pass to the Customer upon delivery of the item to the carrier.
4. USER-GENERATED CONTENT; DMCA COMPLIANCE.
4.1 User-Generated Content. You may generate content, information, text, images, graphics, interfaces, audio and video clips and any other materials for displayed on the Site (“User Generated Content”). You acknowledge and agrees that User-Generated Content may be used, reproduced, displayed, modified, deleted, added too, adapted, and published by Heaven’s Maid. You grant Heaven’s Maid and its successors a worldwide; irrevocable; transferrable; sublicensable; fully-paid and royalty-free; and non-exclusive license to use, reproduce, display, modify, delete from, add to, adapt, publish, and prepare derivative works from the User-Generated Information. You further acknowledge and agree that you, and you alone, are responsible for the development of User-Generated Content.
4.2 It is the policy of Heaven’s Maid to respond to notices of alleged copyright infringement, in compliance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. Our response to these notices may include removing or disabling access to content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed on the Site at the direction of an end-user customer (“User Generated Content”) claimed to be the subject of infringing activity and/or terminating customer accounts. If we remove or disable access to any User Generated Content in response to such a notice, we will make a good-faith attempt to contact the customer that uploaded the User Generated Content, so that they may make a counter notification. Heaven’s Maid will, in appropriate circumstances, terminate the accounts of repeat infringers.
4.3 If a copyright owner or an agent thereof believes that any User Generated Content or link on the Site infringes upon such owner’s copyrights, the copyright owner may submit a notice pursuant to the DMCA, a copy of which can be found here (“DMCA”):
Our designated DMCA copyright agent to receive notices of infringing material is:
Only DMCA notices should go to our DMCA copyright agent. DMCA notice may not be valid if they fail to comply with all of the requirements of the DMCA.
4.4 In some instances a customer who has uploaded or posted User Generated Content which has been removed pursuant to a DMCA notice may supply a counter-notification. The owner of such affected User Generated Content may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DCMA. When we receive a counter-notification, Heaven’s Maid may reinstate the posts or material in question. To file a counter-notification, the user must provide a written communication (by email to our copyright agent) that sets forth all of the items required by the DMCA.
5. PROPRIETARY RIGHTS. You hereby acknowledge and agree that Heaven’s Maid or its licensors own all legal right, title and interest in and to the Site and Content, including, without limitation, any and all intellectual property and other proprietary rights which subsist in the Site and Content, whether such rights are registered or unregistered, and wherever in the world those rights may exist.
Heaven’s Maid is a trademark of Heaven’s Maid, LLC. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in this Agreement, all information and screens appearing on this Site, including Content, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Heaven’s Maid, Copyright © 2016 Heaven’s Maid, LLC. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
6. THIRD PARTY SITES; INDEMNIFICATION.
6.2. Indemnification. You hereby agree to defend, release, indemnify and hold harmless each of the Heaven’s Maid Parties (as defined in Section 7 below) from and against, any and all losses, liabilities, damages, and/or claims (including, without limitation, attorneys’ fees and costs) arising from your breach of this Agreement, or otherwise arising from your use or misuse of the Site, Content, Services or Products.
7. DISCLAIMER OF WARRANTIES. THE SITE, CONTENT, PRODUCTS, SERVICES AND SUBSCRIPTIONS ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. HEAVEN’S MAID, ON BEHALF OF ITSELF AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND THIRD PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “HEAVEN’S MAID PARTIES”): (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, PRODUCTS OR SUBSCRIPTIONS WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE OR CONTENT WILL BE TIMELY, UNINTERRUPTED, STABLE, OR SECURE; (C) DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, PRODUCTS, SERVICES OR SUBSCRIPTIONS WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (D) DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OF THE SITE, CONTENT, SERVICES OR PRODUCTS IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE. YOUR USE OF THE SITE, CONTENT, SERVICES, PRODUCTS OR SUBSCRIPTIONS IS ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, CONTENT, SERVICES, PRODUCTS AND SUBSCRIPTIONS.
THIS LIMITATION OF REMEDIES IS A PART OF THE BARGAIN BETWEEN YOU AND HEAVEN’S MAID. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HEAVEN’S MAID OR ANY PERSON ON BEHALF OF HEAVEN’S MAID SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY.
NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT THE HEAVEN’S MAID PARTIES’ WARRANTIES, REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
8. LIMITATION OF LIABILITY.
8.1 IN NO EVENT SHALL ANY HEAVEN’S MAID PARTY BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF VALUE OF THE PRODUCTS OR LOSS OF USE OF THE PRODUCTS, WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF A HEAVEN’S MAID PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.2 IF, NOTWITHSTANDING THE FOREGOING, A HEAVEN’S MAID PARTY IS FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT, PRODUCTS OR SUBSCRIPTIONS, TO THE FULLEST EXTENT PERMISSIBLE BY LAW THE RELEVANT HEAVEN’S MAID PARTY’S TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID HEAVEN’S MAID FOR THE PRODUCTS, SERVICES OR SUBSCRIPTION, AS APPLICABLE; AND (B) THE SUM OF FIVE HUNDRED US DOLLARS (US$500).
8.3 NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT ANY HEAVEN’S MAID PARTY’S LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH HEAVEN’S MAID PARTY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
9. DISPUTE AND ARBITRATION; CLASS ACTION WAIVER; CHOICE OF LAW
9.1 Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read this Section (“Arbitration Agreement”) carefully. It is part of your contract with Heaven’s Maid and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
9.2 Informal Resolution. Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting our customer service department located on the Site. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction, the terms of this Section 9 govern dispute resolution between us.
9.3 Applicability of Arbitration Agreement. All claims and disputes in connection with the Agreement or the use of any Product or Service provided by Heaven’s Maid that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Heaven’s Maid, and to any of our licensors, suppliers, dealers or third party vendors, subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
9.4 Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this Section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms (“Arbitration Rules”). The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org. Any hearing will be held in Oakland County, Michigan unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
9.5 Authority of Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and Heaven’s Maid, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Heaven’s Maid.
9.6 Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Heaven’s Maid in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND HEAVEN’S MAID WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
9.7 Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court located in Oakland County, Michigan.
9.8 Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
9.9 Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Heaven’s Maid.
9.10 Modification. Notwithstanding any provision in these terms to the contrary, we agree that if Heaven’s Maid makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to the Heaven’s Maid.
9.11 Small Claims Court. Notwithstanding the foregoing, either you or Heaven’s Maid may bring an individual action in small claims court.
9.12 Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in Oakland County, Michigan for such purpose.
9.13 Choice of Law. This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the state of Michigan, without regard to its conflicts of laws rules. Foreign laws do not apply. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement.
10. ELECTRONIC COMMUNICATIONS; GENERAL TERMS
10.1 Electronic Communications. Whenever you visit our Site or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically. We will communicate with you by email (if you have provided your email address to us), by posting notices on our Site or by such other means as we may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.